Is CBD legal? This is the current legal situation in Germany after cannabis legalization

CBD (Cannabidiol) is legal in Germany, provided that the products are derived from EU-certified industrial hemp and have a THC content of less than 0.3%. Following the cannabis legalization on April 1, 2024, the legal framework was clarified, and the THC limit was raised from 0.2% to 0.3%. This change significantly strengthens legal certainty for consumers and traders of CBD products.

A special focus remains on unprocessed CBD flowers. With the new legislation, CBD flowers are now also legal under certain conditions. They may be sold as long as they originate from approved industrial hemp varieties and do not exceed the same THC limit of 0.3%. This regulation helps to clarify the previous grey area in which the sale of CBD flowers existed.

The sale of CBD products is now explicitly permitted, provided these products are clearly labeled as non-psychoactive and include all required information about ingredients and recommended use. In addition, sellers must ensure that their products are free of contaminants and comply with established quality standards.

CBD-containing food supplements may be marketed in compliance with the new Novel Food Regulation. Such products require authorization confirming that the CBD is safe for consumption and effectively extracted from hemp.

The medical use of CBD remains regulated and is only accessible with a doctor's prescription. CBD products used for therapeutic purposes must meet the strict requirements of the German Medicines Act.

The legalization of cannabis has made the CBD market in Germany less restrictive and now offers clear legal frameworks. So you absolutely do not need to have any concerns about buying, using, and carrying CBD products. If you have any further questions, please feel free to contact us personally!

The legal situation in Germany regarding Cannabidiol (CBD) is complex and depends on various factors. Here are some important points to note:

1. CBD as an active ingredient: CBD is an active ingredient found in the cannabis plant. The use of cannabis as an intoxicant falls under the German Narcotics Act (Betäubungsmittelgesetz), making the possession, cultivation, trade, and consumption of cannabis illegal.

2. Exceptions for industrial hemp: However, there are exceptions for certified EU industrial hemp varieties. These varieties contain a THC content of less than 0.2% and are therefore not classified as narcotics. The cultivation and processing of such industrial hemp varieties are legal in Germany.

3. CBD in processed form: CBD products such as oils, creams, capsules, etc., which are made from industrial hemp and have a THC content of less than 0.2%, are generally considered legal. Such products can be legally purchased and used.

4. Unprocessed CBD flowers: The situation becomes more complicated when it comes to unprocessed CBD flowers. The sale and possession of CBD flowers are controversial, as they can be considered "cannabis flowers" and may have a higher THC content than the legally permitted 0.2%. The legal situation in this case is not clear and can be interpreted differently depending on the federal state.

In general, in Germany, CBD products with a THC content of less than 0.2% are considered legal, as long as they are not classified as medicines or tobacco products. The German Federal Opium Agency (Bundesopiumstelle) is responsible for regulating the handling of narcotics in Germany. It has clarified that CBD as such is not a narcotic and does not fall under the Narcotics Act.

However, there is no uniform regulation at the federal level regarding the trade and use of CBD products. Some federal states have issued specific regulations that restrict the sale and use of CBD products. For example, Bavaria and Baden-Württemberg have issued regulations prohibiting the sale of CBD flowers. Other federal states, such as Berlin and Hamburg, have less restrictive regulations and permit the sale of CBD flowers under certain conditions.